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126 Scenic? Scenic Eclipse Terms & Conditions determine is kel to prevent, materially affect or delay Our a Service Provider's ability to provide the Journey (@inaccordance with the Contractor (b) to a standard which We consider will meet the reasonable expectations of the Journey participants. 9.3 We will use reasonable endeavours to give You notice as soon as reasonably practicable of the occurrence of a Force Majeure Event that prevents, material affects or delays,orsikely to prevent, affect or delay the performance by Us ora Service Provider of cur ob under the Contract. 9.4 If we cancel or delay a Journey in the circumstances described in clause 9.2: (a) to the maximum extent permitted by law, Your sole and exclusive rights and remedies will be those set out in clause 5.4 of these Con (p) You acknowledge and agree that We are not otherwise liable for any delay or failure by Us or a Service Provider to Perform Our obligations under the Contract, resulting from dr aa eonesquance of tha Fores Maleure Event. 10. Privacy and Data Protect 101 Inorder for Us to process Your Booking and provide the Journey to You, You will need to provide to Us, and We will need to use Personal Information. We will need to provide Your Personal Information to Service Providers, as well as customs and immigration authorities. We may also provide Your Personal Information are located overseas, including in countries that may not provide the same level of protection of Personal Information as Australia. By making a Booking You give Us Your consent to use and disclose ‘Your Personal Information in the manner described in this clause 10.1. 10.2 We may also use Your name and the Guest Contact Details for marketing purposes, unless You tell Us that You do not want Us to do so. You may do this by contacting the Customer Service Contact Address. 10.3 We will otherwise deal with Your Personal Information in accordance with Our privacy policy, which can be foun on Our Website or provided on request. 11.General Provisions 11.1 We may only waive a right or remedy created under these Conditions in writing. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does any waiver by Us (either wholly or in part) operate as a subsequent waiver of the same or any other 11.2 The Contract is governed by the laws in force in New South Wales, Aust 11.3 The parties submit to the non-exclusive ju of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts. 11.4 Any term which is, by its nature, intended to survive ‘termination of the Contract survives termination. In these Conditions, unless the context otherwise indicates a contrary intention: (2) headings are for convenience onlyandl donot affect interpretatio (2) singular incites the plural and vice area; (c)areference to a party includes its successors, permitted assigns, sairinitators ane substitutes; (a) where a word or phrase is defined other grammatical forms have the corresponding meani {@) the word include’ in any form fs nota word of limitations (f) no rules of construction apply to Our disadvantage on the basis that these Conditions or the Contract were prepared by Us; {g sreference 0) hativalpereon Included their parson representatives; and (h) a reference to a body (including institute, association or authority) which ceases to exist or whose powers or functions are transferred to another body is a reference to the body which replaces itor which substantially succeeds to its powers or functior 11.6 The Journey Brochure is valid for Journey Departure Dates during the Validity Period unless otherwise indicated in Your Itinerary, and supersedes all previous brochures. 12. Important notices about Your Journey bility or other special need, provided You are accompanied by a companion capable of providing all the assistance You require, Please note that although We will use reasonable endeavours to provide You with all the activities on Yo Itinerary, depending on Your disability, You may not be able to participate in every activity and the Captain, Discovery ‘Team Leader or Cruise Director will have the right to refuse Your participation if the Captain, Discovery Team Leader or Cruise Director believes Your health and safety or is health and safety of any other person may be impact Your participation. You must advise Us (or Your travel ‘gen of any disability, medical condition or dietary requirement at the time of Boo! (b) Facilities: tis important to note that: (i) for safety reasons, passengers in wheelchairs cannot. be carried on boarding ramps (which may be steep due to water levels) whilst the vessel is tied up or at anchor, or on ‘to motor coaches, tenders, Discovery experiences including but not limited to Zodiacs, kayaks and submarine; and (ii) collapsible walkers may be taken onto tender vessels. for transfer to shore for the included Journeying. Walkers FLIGHT CENTRE are however unable to be taken on the zodiacs at any time due to space restrictions. The walkers will be stored in the guest's suite - there is no additional storage space on (ii) guests must be able to walk up/down stairs in the event of an emergency to reach emergency evecustion points. (iv) motorised scooters cannot be used o1 (v) wheelchairs and walkers can be carried ‘nthe luggage compartment of motorcoaches subject to space li tions. (vi) embarking and disembarking the tenders, Zodiacs, kayaks and submarine are via a mud room/change room with steps leading to a marina platform and requires the ability to step into and out of these vessels unaided. (c) Our discretion: We may, in Our absolute discretion, jecline Your Booking if We are of the view that: (i) We cannot adequately provide for any or all of Your special needs; (ii) Your health, safety or enjoyment, or that of any other passengers attending the Journey may be at risk; or (ii) You cannot or will not abide by any reasonable directions ofthe Captain, Discovery Team Leader or Cruse 12.2: Cru If Your Journey includes a Cruise, the following provisions apply: (a) Deckplan: The deck plan, cabin sizes, images, inclusions and cabin layout in the Journey Brochure are indicative only and may vary. Pictured representations of cabins or rooms in Journey Brochures are not drawn to scale. Suite dimensions within each category may vary in size depending on their location on each deck. Suite measurements are based on gross calculations and include internal technical spaces. (b) Cruise Cabins: Your Journey Price is based on the Cabin category indicated in the Journey Brochure. Upgrades are subject to availability and will be at an additional cost. (©) Port arrival and departure times: arrival and departure times are an indication only and are always subject to change without notice. (@) Cruise Itinerary: we reserve the right to substitute or cancel scheduled ports of call which, in our sole judgement and discretion, is justified for any reason and to do so without liability for any loss whatsoever to guests as a result of said change(s). (e) Photography: Our Journeys offer some of the most spectacular and beautiful photographic scenery in the world. However, We cannot guarantee that every scene or highlighted featured in a Journey Brochure or Itinerary will be available on each Journey. No refund or other compensation willbe avalable for any resulting missed scene or photographic “opportun Smoking: Srokingisliited to designated smoking areas during Your Journey. (i) You acknowledge that We may restrict smoking to specific times and locations during Your Cruise for the comfort of all passengers. (ii) Smoking is not permitted on coaches or such other places as nominated by Us from time to time. fi) Although We will use reasonable endeavours to ensure there are opportunities for You to smoke during t Journey, We cannot guarantee such opportunities will be available. @ Noise, vibration and odour: While the Operators take reasonable steps to minimise noise, vibration and odours on the cruise vessels, You acknowledge and accept ‘that some noise, vibration and intermittent odours may be experienced on vessels, and that We accept no responsibility, and will not be liable to You in relation to any such noise, vibration or odour. (h) Medical S (i) Amedical centre is available onboard Scenic Eclipse and be staffed according to the destination. (ii) Due to the large number of passengers on board, We cannot provide a personal escort for medical visits. (ii) We are not, and our Service Providers and the Operators fre not liable regarding the provision of any medical care u may require or choose to accept during your Journey. (vou acknowledge that Antarctica, the Americas, Transatlantic crossings and the Arctic & Fjords regions are remote areas with limited medical facilities available. (i) Currency and credit cards (i) All purchases on board a charge to Your shipboard account. The on-board currency is the US Dollar. Gi) Shipboard accounts may be paid by US Dollar or credit Fiand Internet Service: Internet facilities are available on board up to a pre-determined limit per suite at no adaitional charge. Any adlitional usage will be charged to the guest's suite. @) Complimentary Internet service does not apply to any third-party suppliers. (ii) Internet availability and quality may vary from country to country and can also be affected by technical issues, weather or unfavourable terrain and other factors outside Our control. (ii) We do not guarantee the availability or quality of Internet connections or services. (k) All-inclusive beverages: f Your Journey includes an all- inclusive beverage package, the following provisions apply: (i) all standard beverages are included in the Journey Price whilst you are ok board Scenic Eclipse. This includes INSTORE | ONLINE | CALL | APP champagne, beer, wine, soft drinks, fruit juices, specialty teas and coffee and standard spirits. Italso includes daily replenishment of the suite minibars. (ji) Selected items such asa very small number of rare, fine and vintage wines, champagnes and spirits are not included in the package and may be available at an additional charge. (ii) Responsible service of alcohol is adhered to by all staff on board of all vessels and We reserve the right to refuse service. (iv) The all-inclusive beverages package does not apply to any third-party suppliers, including in the circumstances contemplated in clause 5.7 of these Conditions. 12.3 Drones (a) General prohibition: Unless provided by Us or an Operator as part of an organised activity during Your Journey, the use of Drones is strictly prohibited at all times on Your Journey. (6) Lega restrictions: You should also be aware that, in addition to the prohibition in paragraph (a), the use of Drones is regulated or prohibited by law in many locations and unlawful use may result in arrest or prosecution by the relevant authorities. (co) Organised Activities: If We or an Operator allow You to operate a Drone as part of an organised activity during Your Journey, You must strictly comply with all instruct the activity leader. 13. Additional Important Information 13: AlrTravel and baggage al abresere subject to avallabilty and conditions ply. (ji) Our reservations consultant will book an appropriate fare for Your Journey. (ii) Some discounted airfares have condi make them unsuitable to be used in conjunction with Our Journeys. Full details and conditions may be obtained from Our reservations consultant or Your travel agent. If You have any questions or concerns please contact Our reservations consultant or Your travel agent. (iv) Airfares booked as part of Your Journey will be through an appropriate route although may not be a direct fight; ‘some included flights are unescorted. If Yo customised route or direct flight You willbe responsible for all additional costs. (0) Depending on departure date and time of booking the required booking class for airfare offer may be too far i advance to book with the appropriate airline. If the required booking class is unavailable air surcharges may apply. The flight quote including air taxes and surcharges will be confirmed once all air sectors are booked and confirmed. (vi) Taxes are defined as all airline and government taxes and surcharges. Taxes are subject to change and will be advised at the time of flight reservation. (vii All flights are subject to schedule changes and class downgrades as determined by the operating airline. You acknowledge and agree that We accept no responsibility and will not be liable to You for any costs associated with ese changes. (viii) All airfares are subject to availability and scheduled for travel to meet the Journey Departure Dates set out in the Journey Brochure. Any requests outside of the Journey lates may incur seasonal surcharges as enforced by the airli (b) Airport Transfers () Airport transfers are only available on the first and last, fay of Your Journey and at times We designate. Transfers outside these times will be at Your expense and must be secured by Your own arrangements. (ji) Passengers who have purchased Our pre and pi Journey netel accommodation and airfares wil be provided airport transfers to/from their hotel in the Journey start or end city only, on the day of the pre or post accommodation booking. (ii) You do not book Your flights with Us, You must ensure Your flight details are provided to Us at tease 60 days before the Journey Departure Date by: (2) entering Your fight details at the trip pereonaliser on ® contacting Us at the Customer Service Contact Address. (iv) No refund will be given for unused transfers. Transfers cannot be routed to other pick-up points or destinations. (V) If You miss the pre-booked transfer You will be responsible for making Your own way to the Journey departure point, at Your own expense. (vi) Unless expressty stated in Your Itinerary, airport transfers may be group transfers scheduled to coincide with multiple flight arrival and departure times. Private transfers, including VIP transfer are not available in all locations. Please enquire for further details. (©) Carriers: The carriers (including air carriers, rail and ea Carriers used in association with the Journeys) are not responsible for statements or features in Journey Brochures. The conditions of carriage of each carrier constitute a separate contract between You and the carrier ind We have no responsibility in relation to contracts between You and the carriers and only act as agent in arranging services from the carriers. (d) Luggage (i) Journey participants are entitled to one suitcase per person. Your suitcase must not exceed 76 x 53 x 28cms Go"x 21" 11") and must not weigh more than 23kg 137079
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